The Veteran's initial compensable rating for her service-connected right knee shin splints to include stress fracture of the tibia (right shin disability) is being remanded due to a pre-decisional duty to assist error in failing to obtain an adequate examination.
The deciding factor: The VA examiner did not assess the Veteran's right shin disability during flare-ups, which are documented in her medical records and statements. The Board must therefore remand this matter for a new examination that addresses these issues.
- Claimed conditions
- right knee shin splints, stress fracture of the tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2024
- Citation
- A24055131
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24055131.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's bilateral hearing loss is rated at 0 percent, the lowest possible rating.,The Veteran's tinnitus is currently rated at 10 percent and cannot be increased further under VA regulations.,The Veteran's left knee shin splints are rated at 10 percent due to requiring treatment for more than 12 consecutive months.,The Veteran's right knee shin splints are also rated at 10 percent based on the same criteria.
- Remanded (sent back)
The Veteran's service-connected right knee shin splints with patellofemoral pain syndrome has been rated at 10 percent since July 2018. The Board finds that an additional VA examination is needed due to worsening symptoms and recent surgery, as well as the need to consider revised schedular criteria for rating musculoskeletal disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.